Friday, July 1, 2011

2001 Daewoo Cars

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  • gc4me
    02-13 02:08 PM
    That was an example only. A country can use max 7% of total visa. And if you see the EB visa allocation, other than India, China the 3rd largest Visa was taken by Korea (about 4K, don't remember exactly) and the fourth country only used around 1200, all other countries used with in 100s only. So if a country (example Malaysia) uses only 200 Visa and if it had 500 applicant, why 300 people from Malaysia was retrogressed.



    There is no such thing as EB3 Nepal, which I'm sure you know. In EB3 ROW, this includes everyone else. I'm sure there are some significant numbers from the UK, Germany, Australian (although they might be separate under E3... not sure), Japan, Tawian.... etc etc the list goes on.

    EB3 ROW doesn't just mean those from tiny countries with tiny populations





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  • vdlrao
    07-29 12:15 AM
    However, these students are not completely exempted from the H1B quota for each year. Whatever, if PERM filing in year 2008 has witnessed 46% drop since 2007 ... it tells us a lot.

    I presume the decrease in labour filing in 2008 might be a possibility due to the offshore Indian companies which shifting to H1B sponsorship instead of L1 sponsorship. Because most of the L1s being rejected with these companies recently. So they switching to H1 sponsorship. And obviously they normally dont sponsor GC. So this is just my thinking on why the labor filings decreased in 2008 compared to 2007.

    http://www.myvisajobs.com/reports/Sponsor/Top500_h1b_visa_sponsor_2005.pdf





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  • ramus
    07-03 03:52 PM
    Which congressman did you call?
    Thanks.


    I talked to someone & got immediate appointment. Few minutes later I got anoter call back to reaffirm teir support

    Please call your congressman office. I am only asking them to ask USCIS to receive the application instead of rejecting it





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  • H1B-GC
    02-06 01:31 PM
    I even read somewhere that once labor gets approved,Employer got to file I-140 within 60 days or so.



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  • beautifulMind
    07-16 02:47 PM
    I am currently working as a Programmer Analyst on EB3 and Using my EAD through 485.

    I plan to convert to a new postition that of Senior Applications Developer in the same company where the job duties will be atleast 50% different from my existing position

    But here is the problem If i am using my EAd obtained from Eb3 program Analyst position then can I work on another position which is 50% different from my existing position as per AC21 rules





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  • senthil1
    06-12 06:57 PM
    Grassley bill will not close the door for immigrants but will decrease substanially from 200k(H1+L1) to 80k. But retrogession will go down and those 80k will have less problem in getting green card. You can chose whether to allow unlimited L1 and 125K h1b and 10 to 15 years waiting time or allow 30K L1 + 50K H1b and 3 to 5 years waiting time in green card. Which option will be better for you? If your skills are not good certainly you will not want any restrictions. If your skills are excellent you will survive whatever restrictions they put. They cannot reduce H1b below 65k as that is a part of WTO. So there is no one can block H1b program.

    Dilip,
    First, the rant on low wages does not hold water. The employer need to pay prevailing wage which is mandated in the LCA. If some employer does not pay that, employee can (and should) complain to DOL

    Second, you mentioned that you were employed for 2 days enabling you to file 485/EAD and thus you should not be termed out of status/illegal. If a company hired you for 2 days just to allow you to file 485 with no intent to have a job ready for you in future, the company and you commited immigration fraud --- a bigger problem. Also, you cannot invoke AC21 to switch employer before 180 days after you file 485. So, it still remains a mystery how you moved out just after filing 485.

    Your favor towards Grassleys bill shows you just want to close the door. Grassleys bill, if implemented will make it very difficult for even legit employers to get H1 employee. It is a kin to almost closing H1 program out of which you benefitted.

    Also, did you ever floated such ideas when you were on H1 ?



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  • chanduv23
    09-03 11:06 PM
    All that I'm saying is why do you need to single out one politician. Can you compare YSR with Mr. Modi(Ghodra Express Issue), Mr Advani(Babri Mazdid Issue)...on how many innocent lives have been lost because of their filthy politics...

    And mind you , you and me are working here in US cos of the open policies created by Mr.Late Rajiv Gandhi in the IT Sector. All that I'm saying is someone or something is better than none.

    For that matter do you support War on Iraq , War on Afghanistan when it comes to people lives...
    First know the facts before you comment and have guts to comment revealing your original ID and not with a hidden one....created just for the sake of it

    chill - u r working in US because have skills - got visa applied for Green card. In what way did Rajiv Gandhi help you? So do you say that everyone immigrating to USA from every country is because of Rajiv Gandhi?

    I see that u r arguing just for the sake of arguement. Come on man. expand your thinking capacity - U r responsible for your own life and you do things in life that suits you. Just like how u r a software guru, politics is also a field which has become a "career oriented" field. Now, a lot of people trashed SRK during discussions, I did not understand what his fault was, for such trashing.

    Now, the reason why a lot of people trash YSR is because of his corruptive governance - which crossed all limits.

    If you think that one has to respect someone just because he/she is a leader - that may not be practical





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  • GCOP
    07-24 11:33 AM
    We appreciate your nice prediction and Good Wishes. I hope your words will turn into truth. Thanks
    Trust me. I was under the impression that it will be 3-4 years before I see green, but the reality is almost true for me now. Similarly, EB3 folks would get some news by next year. Who knows, the government will change and we have seen how keenly Obama wants a change ;). May be recapturing visas provision will be considered next year and everyone until 2006(EB3) may see some green. We never know. It's all magic and lets hope for the best. :D



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  • kuhelica2000
    02-13 10:06 AM
    I couldn't agree more with you. The limited number of GC is definitely a critical factor. But we have contributed to this mess ourselves. Look what happened with EB2 India. Did India started producing EB2 talents overnight? No; rather we started polishing our resumes with inflated years of experience and job description so that we can apply to EB2. The system is too liberal and based on trust. If employers start scrutinizing resumes and certificates a lot of applicants will simply drop off from the GC queue.

    Before the Y2K problem, the most common route for Indians to migrate to the US (EB category) was this -->

    TOEFL
    GRE
    Admission into US university (most likely for masters)
    Scholarship or loan
    MS/Phd in US
    Internship using OPT
    Job/ H1

    Since this involved multiple non trivial steps; the barrier for entry was pretty high that prevented mass migration.

    There were procedural delays (in some states with a lot of Indian population ( oh yeah; labor certs used to take 3-5 years esp in California, Texas & Northeast; but you could get labor cert faster in south dakota or such less densely populated places; but once you hit the 485 stage, you were certain of a GC within a few months )

    And then along with Y2K came TCS, Wipro, Infosys, & infinite other bodyshops that suddenly changed the equation. No need for TOEFL, GRE. No need to fight for scholarship; no need for TA. no need for RA; no need for MS; in a lot of cases, no need for even UG degree in computers/engg. The requirements ranged from having all 10 fingers in place to knowing the right people in the bodyshop company to land an assignment in the US. Once placed at a client site, it was just a matter of finding the right opportunity to get the client to sponsor your H1. I am sure there were a lot other ways the H1 & L1 visas were abused.

    So the situation changed from just procedural delays to procedural delays + extra influx of Indians due to H1/L1 visa misuse.

    Ofcourse, we can only blame the inefficiencies of the USCIS/INS/DOL system & silently turn the other way when malpractices & visa abuse were rampant (I guess still is) in the IT bodyshop industry.

    I am sure this rant will seem extremely prejudicial. But just for a slight moment; think about why all this happened.





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  • onemorecame
    06-26 04:53 PM
    I heard this group of people - from anti immigrant organizations, plan to intercept fedex trucks going into USCIS next month sort out 485 petitions and steal them and hide them in an undisclosed location.

    These people have only one aim in life. Not to allow 485 applications to reach USCIS.

    When USCIS does not recieve any 485 applications, they will retrogress. Then this group of people will stop stealing the petitions.
    :confused:



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  • jhaalaa
    01-13 04:56 PM
    USCIS - Questions & Answers: USCIS Issues Guidance Memorandum on Establishing the "Employee-Employer Relationship" in H-1B Petitions (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=3d015869c9326210VgnVCM100000082ca60aRCR D&vgnextchannel=68439c7755cb9010VgnVCM10000045f3d6a1 RCRD)





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  • newtogc
    10-04 01:48 AM
    Is there any last date for LC substitutions.
    Has DOL/USCIS come up with any regulations after taking public comments regarding elimination of LC subs.



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  • mbartosik
    12-13 11:48 PM
    Mark,

    what say you?

    In some states the courts are "Courts of equity and law" or is it "Courts of law and equity", in other words the court has a mandate to enforce fairness within the bounds of the law (NY State is one such state). This derives from English law. However, I do not believe that is the case for federal court.

    If the courts were courts only of fairness, equity, what's right, etc., yes, indeed then I think that we would win. But the courts are courts of law. In our case the federal courts are courts of federal law. Congress writes those laws, and the courts are free to interpret those law but not change them. The courts can also throw out a law (this is often appealed to Supreme court). The Supreme court's job is to interpret the constitution, and to define how the lower courts must interpret the law, or to throw back the law to Congress.

    We have next to no chance in lower courts.
    Even if we appealed through courts up to Supreme court, and win we would loss because Congress would still be free to change the law to restrict in other ways, possibly with the same effect. In the mean time we would alienate those law makers on our side. Also USCIS would be free to stop ALL EB immigration, while the Congress decided how to rewrite the law.

    In our case there is no interpretation other than the mess that we are in is the law. So the Supreme court would have to find that the law was against the constitution, which I highly doubt that it is.

    Even if the supreme court found that the law was against the constitution, Congress could enact another similar law (akin to minimum sentence), that merely fitted within the framework of the constitution but achieved the same end result. A recent example of this was when the Supreme court found that Gitmo detainees must be given a right to review of their detention. The detainees were not immediately released because they were detained without review and against the constitution, no, Congress simply passed a law allowing review by military tribunal, that complied with the Constitution, and the detainees remained detained, with a totally meaningless review (not allowed to see evidence against them etc.).

    Thus the branch of government that we need to convince is Congress (which by the way I think the Constitution or an amendment gives the right to government immigration).

    I'm not saying do not fight, just fight smart.

    To me fighting smart means going to the law makers, politely, and persuasively. It is not aggressive, it is not radical, but it is fighting wisely. So I don't think that we are backing down in the face of things that are wrong, I think that we are standing up, but intelligently, and fighting where we can win.

    It is Congress that ultimately decides, the Supreme court can only say to them, "sorry, not in compliance, try again".





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  • pmpforgc
    03-29 06:34 PM
    Thank you for your personal opinion. India was doing well when Vajpayee was PM. He is not some management honcho. It is a vision of the person that is more important. Manmohan is a learned man and has provided country with real good service but real power rests with Sonia and her son Rahul.

    Hence. Its a question of ideology in the long run and given my background, BJP govt suits me better than Congress. So I prefer Advani over Sonia.

    Hi

    I mostly agree with you about Bajpai and Sonia. Bajpai is really a visionary and was good for India.

    But we are not talking about Bajpai any more, We are talking baout Advani. He is not Bajpau and he is not visonary like Bajpai he is only Taksadhuu like all other politicians.

    I would surely prefer MODI, MANMOHAN, Chidambaram even LALU compare to ADVANI to manage India as Priminister.

    We are talking about Who should be Priminister of India, not which party should rule.

    So try to be more specific when you reply next time.

    I dont go by Party, even in BJP in Gujarat Keshubahi was Worst CM for state where as Modi from Same party is really good. so we should look at who will manage country in the end. I agree that Bajpai and Manmohan has done good job. But not Advani he should be even next to Mayawati in line to be PM !!



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  • oguinan
    02-13 11:29 AM
    I'm not sure that your numbers add up. There's no guarantee that anybody would receive a green card before their 90 or 180 day I-94 expires. Leaving the US and reentering to remain in status then runs the risk of putting immigration application in danger. In reality - PERM takes a couple of months to complete with advertising, interviewing, preparing documents and filing. The I-140/485 process takes another 6-8 months assuming that there are no RFEs and your case is processed in the faster service centers. This timescale only works for ROW applicants if they meet the EB-2 standard. This is not an easy standard to meet for many people who have worked at the same employer for a number of years.

    On a separate note, CIS is supposed to meet a standard where most green card applications are evaluated within less than a year. They claim to meet this standard by quickly approving applications whose dates are current and then not including backlogged applications in their calculations. One more example of fuzzy math at the CIS...


    to file a 485 a person has to be in non immigrant status.

    The dual intent doctrine applies if a person is on a non dual intent visa and they file a 140 or a 485 and they then try to extend their non immigrant visa. At this point it will get denied. However, as long as they dont' have to renew it (because they have a 485 filed), then they are good to go for the greencard.

    it is only an issue in trying to renew a non dual intent visa once you have showed immigrant intent. This would be a person who can't file the 485 but instead has a 140 or 130 filed for them. At this point dos/uscis would not allow them to extend the status or allow them back into the country.





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  • ganguteli
    05-29 12:48 AM
    If you guys had a chance of getting substitute labor today you will try to take it at any cost. But you will not want to contribute $25 to IV. If you had a chance of getting a greencard via L1A route you will do it. Just because you cannot get a substitute labor or L1A, you are saying sour grapes.

    This is a bitter truth that we do not like to hear but each will do if they get a chance. Sub labor was legal when it was there and L1A route is also legal today. It is for USCIS to decide if there is a loophole. Stop behaving like an anti-immigrant. Just because you are not able to get this privilege does not mean others cannot try. If you want to try, try to get more visas for everyone rather than blocking people.



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  • gc_chahiye
    06-28 08:16 PM
    As per Macaca's logic, pre Oct 2005 PDs will take up all the numbers available for EB2 Indai for 2007, in June and July.

    If that is the case why was the Bulletin for july not set to Oct or Nov 2005 and instead made current. Surely USCIS does not want to deal with all the extra workload if it does not have to.

    DOS/USCIS know the truth, but going by the Ombudsman's report, they want to use up visa numbers as fast as they can. So if they have 30K applications sitting, just waiting for visa numbers, now with everything set to C, they can blindly start approving without even seeing what the date on those apps is.
    Also, with EB3-ROW being 'C' they dont even need to worry about per-country limits. Just pick up the next almost-approved file, assign visa number, mail out. repeat.





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  • paskal
    02-14 08:23 PM
    http://timesofindia.indiatimes.com/Why_Sania_wont_be_hounded_in_the_US_for_insulting_ flag/articleshow/2783772.cms

    The Supreme court has the right to strike down laws effecting people


    my friend you really need to dig deeper into stuff...most things are more than meets the eye. courts are very reluctant to strike down laws. the supreme court will strike down a federal law ONLY if it's against the constitution itself...ie there has to be a fundamental problem. this is true both in the US and in India.
    the fact that a law inconveniences people is just not enough ground.





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  • chantu
    03-30 10:55 AM
    I believe there were some junkies called Left were holding the Govt and MMS as hostages.... Thats why there is no reform...

    snathan....do you really believe MMS runs the govt on his own? Do you really think there is no interference of any family in the decision making? Our PM, MMS in the last 5 years never visited all the states in the country. He never established contact with aam aadmi. MMS needs certificate from Rahul Gandhi that he is doing a good job. The person who has self respect will never become PM in these circumstances. MMS is holding PM's chair until Rahul Gandhi becomes "mature" enough to rule..yes rule..because this family has always ruled the nation and never governed it.

    No person with self respect will ever vote for this party and their chaprasis.





    amoljak
    10-23 03:27 PM
    Thanks eb3India.

    How does the current company obtain a pre-approved labor? Does it buy the pre-app labour? Or is it SOLELY because someone in the company left (whose labor was approved)?


    Labor certification means a company is certifying that they cannot find an American to do the job, lets say write a Java program. So once they certify that, they can say look we have this dude from India who can write Java programs, we want to hire him permanently. But what if the dude gets a better job or goes back to India or both...? The company still needs someone to write that Java program... they have established that they are not able to find an American to do that... so they can say this dude-2 has the same qualifications as the dude whom we originally want... so let us hire him permanently... so that is labor substitution... there is genuine business case to do that.





    nixstor
    07-03 04:14 PM
    Wrote to Jennifer Ludden at NPR who regularly reports on immigration
    email addresses are first name initial followed by lastname at npr dot org, if you would like to write



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